Judgment

THAKKAR, J. :- A decree for eviction was passed against the appellants, original defendants Nos. 1 and 2, in Ejectment Suit No. 1247 of 1964 by the City Civil Court at Calcutta. A Division Bench of the High Court of Calcutta has confirmed the decree passed by the trial court. A certificate of fitness having been granted by the High Court, under Art 133(1)(a) of the Constitution of India, the appellants are before this Court.

2. The decree for eviction has been passed on two grounds viz :

(i) that the premises were reasonably required by the plaintiff landlord for his own occupation under Section 13(i)(f) of the West Bengal Premises Tenancy Act of 1956 (hereinafter referred to as the Act) as it stood before it was amended by the West Bengal Premises Tenancy (Second Amendment) Act (referred to as Amending Act hereinafter) which came into force on November 14, 1969.

(ii) that the defendant No. 1 had sublet the premises to defendant No. 2 after the coming ,into force of the Act.

Requirement for own occupation :

3. In so far as the first ground of eviction is concerned the order passed by the City Civil Court as confirmed by the High Court cannot be sustained inasmuch as the suit fo